What fathers are fighting a restraining order during a custody case, the renewal of the order’s date is important to remember. It might sound obvious, but in this article I’m going to explain why YOU need to take the greatest of care not to let this date pass you by, or underestimate its importance.
When you’re fighting a restraining order, it’s incredibly easy to let the court hearing slip by, un-noticed, or fail to prepare some simple, crucial steps for your defense. Fighting a restraining order can be a harrowing process, and you’re going to feel a lot of pressure – that’s especially true if you’re also going through a legal divorce, as well as trying to win a custody battle and fight a restraining order! But each year, thousands of American fathers fall into these types of easily-avoidable custody traps, and losing the right to see their kids – often for years at a time.
During these difficult times, it’s very important to be mindful of the date of the renewal of order, because you need to be aware of one thing: the court can, and in many cases WILL, automatically renew the order should the plaintiff request it. Your ex doesn’t even need to re-hire a lawyer, or produce new or better evidence. So if you’re fighting a restraining order due to phony abuse allegations, the same false “evidence” can continue to haunt you well into the future, far beyond the original expiry date.
When fighting my own restraining order, I came up against this exact problem. I was under some kind of delusion that I would be informed by the court that the time for renewal was due and that I should be prepared to defend myself against the action, much as I’d been served the legal papers the first time. I was stupid, and it cost me more time away from my two sons. The court automatically granted my ex-wife with a renewal of the restraining order without me realising until it was too late. The first I knew about it was when I was standing on her doorstep trying to visit my kids on the day of the original expiration. I thought that the time had passed and that I was once again safe to visit, trusting that by hiring an expensive lawyer I’d been told reliable advice. Some time in a police cell and a trip back to court made me understand just where I’d gone wrong. Don’t let this happen to you. You only get one chance to see your kids grow up.
Thankfully, in my case, I got the restraining order removed because I was able to successfully defend myself from the same action the following year – this time defending myself. I ended my three-year divorce and custody fight a lot more broke and a lot more wise about the nightmare facing American dads in today’s custody courts.
So whilst fighting a restraining order, always be aware of any important dates relating to the case and remember, it’s up to YOU to know them, prepare for them, and win in court. Your kids are depending on it.
Adam J. Jenkins runs the Fighting A Restraining Order website, which aims to show fathers how to win a custody battle during the divorce process.